N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 332: Resources of fund

§ 332. Resources of fund. The fund is authorized and directed:

1. To collect and receive in each calendar year amounts to be paid to

the fund by the persons or corporations licensed to conduct pari-mutuel

betting at harness racing tracks, an amount equal to three-fifths of one

per centum of all moneys deposited in pari-mutuel betting pools

resulting from on-track bets at all races conducted by licensees at a

harness horse meeting or races run thereat except that for super exotic

betting pools such amount shall be three per centum of such bets, as

provided by paragraph c of subdivision one of section three hundred

eighteen of this article and to collect and receive in each calendar

year to be paid to the fund by each regional corporation, an amount

equal to three-fifths of one per centum of daily pools derived from

off-track bets on harness races except that for super exotic betting

pools such amount shall be three per centum of such bets as provided by

subdivision five of section five hundred twenty-seven of this chapter;

provided however, that after April first, nineteen hundred eighty-six,

the amount to be collected and received from such licensees and regional

corporations, except for super exotic betting pools, shall be one per

centum, and to collect and receive such funds as may otherwise be

authorized by law. The moneys shall be deposited forthwith in a bank or

banks in this state. The fund is authorized to dispose of and distribute

the monies received by it pursuant to the provisions of this chapter for

the following purpose and no others:

a. An amount as shall be determined by the fund, but shall not exceed

four percent thereof in an account designated "administration".

b. An amount as shall be determined by the fund in an account

designated "4-H standardbred development program".

c. An amount as shall be determined by the fund in an account

designated "New York state exposition horse facility maintenance and

construction".

d. An amount as shall be determined by the fund in an account

designated "New York state exposition breeding farms".

e. An amount as shall be determined by the fund in an account

designated "county and town agricultural societies".

f. An amount as shall be determined by the fund but shall not be less

than seventy-five percent thereof in an account designated "New York

state breeding farms", and of such amount not less than ten percent nor

more than twenty percent as determined by the trustees of the fund may

be used exclusively for breeders' awards for New York-breds and awards

to owners of eligible stallions.

g. An amount as shall be determined by the fund in an account

designated "county and town agricultural society harness racing events".

h. An amount equal to two percent thereof in an account designated

"equine research".

i. An amount as shall be determined by the fund, but not in excess of

one and one-half percent thereof, in an account designated "to support

and promote research, educational programming, and the preservation of

the history and traditions of harness and trotting horse racing through

acquiring and maintaining collections of artifacts, memorabilia and

documents related to such history and to maintaining a historic race

track that is designated as a national registered historic landmark".

j. An amount as shall be determined by the fund for the care of

retired horses, provided, however, such amounts shall be allocated from

a dedicated account to be funded by the collection of fines assessed

pursuant to section three hundred eighty-two of the agriculture and

markets law. The gaming commission shall establish an advisory board to

consult the fund when making such allocations with representatives of

thoroughbred and standardbred owners and breeders, and animal protection

organizations with expertise in the care of retired and rescued horses.

2. a. To disburse annually out of the account designated in paragraph

e of subdivision one of this section, to any agricultural society

qualified therefor under rules and regulations established by the fund

and which properly requests same, reimbursement for moneys expended by

it for actual and necessary repairs to its grounds or buildings approved

by the fund and used directly in promotion of agriculture generally,

except that no such qualifying society shall be paid in excess of six

thousand dollars for such repair in any one year, and to disburse

annually out of the said account designated in paragraph e of

subdivision one of this section, to any agricultural society qualified

therefor, under rules and regulations established by the fund and which

properly requests same.

b. After disbursements of moneys out of the account designated in

paragraph e of subdivision one of this section for repairs as set forth

in paragraph a of this subdivision, to disburse the balance of moneys in

such account upon proper request made by a duly qualifying agricultural

society for capital construction of the grounds, building or equipment,

of the requesting society. In the event that the said balance remaining

in such account is not sufficient to pay each qualifying society the

amount requested and approved for payment by the authority, the balance

in such account shall be paid proratably to the amount each requesting

society would be eligible to receive, except that no qualifying society

shall be paid in excess of fifteen thousand dollars for such capital

construction purpose in any one year. No capital construction moneys

under this subdivision shall be paid to any such agricultural society in

the absence of satisfactory proof presented to the fund that such

society has in its possession or on deposit to its account in bank, a

like amount of money to be used by it for the same capital construction

purpose.

c. Each such society whose application for capital construction moneys

as described in paragraph b of this subdivision is approved by the fund

in any year, shall have the right and privilege to defer such approved

payment to it for capital construction for a period of up to three years

beyond the year of approval. In the event that the approved capital

construction remains uncompleted at the end of said three year deferred

period, the amount of moneys so approved and deferred shall become a

part of the balance for capital construction available to all such

agricultural societies.

d. Any county or town agricultural society may apply to the fund for

permission pursuant to the provisions hereof to make one or more capital

improvements and the fund shall determine whether the proposed capital

construction will promote agriculture or domestic arts in this state

and, on a finding in the affirmative shall approve such construction and

provide for payment to the applying society out of the account under the

provisions designated in paragraph e of subdivision one of this section.

e. Agricultural societies qualified to participate under this

subdivision, shall, on or before the thirty-first day of December in the

year immediately preceding the year in which the said moneys are to be

distributed, make application for participation to the fund. Sums paid

hereunder to participating societies shall be separate from and

additional to any sums paid annually by the department of agriculture

and markets under the provisions of section two hundred eighty-six of

the agriculture and markets law.

f. The fund shall provide forms for application for distribution and

shall prescribe such regulations and rules as are necessary for carrying

out the provisions of this section and may make such investigations as

are necessary to determine the validity of any requests, claims and

applications for distribution of moneys hereunder.

3. To disburse annually out of the account designated in paragraph b

of subdivision one of this section, to such 4-H societies, such amounts

as the directors deem advisable, as are engaged or propose to engage in

a program for the development of standardbred horses. The form for

application by such 4-H societies for such moneys, shall be prescribed

by the trustees of the fund.

4. To disburse annually out of the account designated in paragraph c

of subdivision one of this section, to the department of agriculture and

markets for the construction and maintenance of racing facilities at the

New York state exposition, such moneys deposited therein, to the extent

that such moneys are expended for such purposes.

5. The salaries of the officers, agents and employees, and all other

expenses of the said fund shall be paid out of the account designated in

paragraph a of subdivision one of this section.